In order to repossess a dwelling, a notice must be sent indicating that one intends to repossess the dwelling. This notice must be detailed and comply with the provisions of the Civil Code of Québec. If you miss a portion of the notice, it could be declared invalid and your initiative will be doomed to failure. The time frame within which the notice must be sent is extremely important.

Let's first take the example of the best-known regular lease, that is, a 12-month lease. At this time, the notice must be sent at least 6 months before the end of the lease. If your lease, for instance, is a lease from July 1, 2018 to June 30, 2019, your notice must be sent no later than December 31, 2018.

Regulation

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?

Legal

First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law.

Legal

Owners of multi-unit buildings who deal with criminal acts, erratic, disturbing or violent behaviour, vandalism or theft in their buildings may decide to have surveillance cameras installed as a security measure. The following question should be asked then: what are the criteria and guidelines that make such means acceptable to the residents' right to privacy? The jurisprudence of the Régie du logement sets out some criteria that require your attention.

More news

Real-estate

The value of building permits issued by Canadian municipalities declined 7.7% to $7.7 billion in November, the first decrease in three months. Nationally, the value of permits for all building components declined, with the exception of single-family dwellings.

The trend in housing starts was 226,777 units in December 2017, compared to 226,178 units in November 2017, according to Canada Mortgage and Housing Corporation (CMHC). This trend measure is a six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts.

“Despite the variation in activity across the country, the national trend in housing starts held steady at its highest level since 2008,” said Bob Dugan, CMHC’s chief economist. “Apartment starts in urban centres were up 6.2% in 2017 compared to 2016.”

First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law.

Regulation

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?

If you own a residential complex, you have until February 28 to give your tenants and subtenants their RL-31 slips and file the slips with us. To prepare the slips quickly and easily, use the Prepare and View the RL-31 Slip online service